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MAPCO, INC. v. CARTER

No. D-1197.

817 S.W.2d 686 (1991)

MAPCO, INC., et al. v. Clarence CARTER, et al.

Supreme Court of Texas.

October 23, 1991.

Attorney(s) appearing for the Case

Roger Townsend, Lee A. Hunnell, Houston, Royse M. Parr, Tulsa, Okl., for Mapco.

Thomas Lee Bartlett, Tom F. Coleman, Houston, for Carter.

PER CURIAM.

We consider whether a judgment may be entered against a party not before the trial court. We conclude that it may not.

Clarence, James Ross, and Mrs. Clyde Carter (Carters), Mapco Underground Storage of Texas, Inc. (MUST) and Texasgulf, Inc. (Texasgulf) owned, in undivided interests, a 126.378-acre mineral estate (%'s by the Carters, %'s by Texasgulf, and Vk by MUST). MUST owned the surface estate in its entirety. MUST created an underground cavern...

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